Disclosure (Scotland) Act 2020

20 Level 2 disclosure: application for review

(1) Where a Level 2 disclosure is provided to an applicant, the applicant may, within the prescribed period, apply to the Scottish Ministers for—

(a) a review of the accuracy of any of the information contained in the disclosure,

(b) if the disclosure includes reviewable information, a review of the inclusion of any of the reviewable information.

(2) The following information is “reviewable information” for the purposes of this Part—

(a) information included under section 13 about a spent childhood conviction or children’s hearing outcome of the applicant,

(b) information relating to the applicant provided by the chief constable in accordance with section 14,

(c) details of a removable conviction of the applicant.

(3) An application may be made under subsection (1) only if the applicant notified the Scottish Ministers under section 18(1)(b) of an intention to make the application.

(4) Where an application under subsection (1) seeks a review of the inclusion of any reviewable information, the applicant must specify in the application the reviewable information that the applicant wishes to be subject to the review.

(5) An application under subsection (1) is referred to in this Part as a “Level 2 review application”.

(6) In this Part, a “removable conviction” is a conviction (other than a childhood conviction) that is—

(a) a spent conviction for a List A offence and at least 11 years have passed since the date of conviction,

(b) a spent conviction for a List B offence that is not a non-disclosable conviction.